Scottish Parliament

Written Answers

Tuesday 14 September 1999

Scottish Executive

Business

Mr Nick Johnston (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it will make it easier for businesses to claim compensation for lost business caused by public utilities who fail to complete works within specified times.

Henry McLeish: The gas, electricity and telecommunications industries are regulated, and their regulation is a reserved matter. The relevant regulatory regimes are currently being reformed by the Department of Trade and Industry with a view to further promoting consumer interests.

  The Scottish water authorities are statutory public corporations and each has a Code of Practice for customer service. Limited provisions for compensation in specific circumstances exist, but the main emphasis of the regulatory regime is to improve efficiency and standards of service.

Children

Bristow Muldoon (Livingston) (Lab): To ask the Scottish Executive whether it intends to review the regulations which set a maximum age of 60 for membership of children’s panels.

Mr Sam Galbraith: I am not persuaded at this stage that we should change the upper age limit for Children’s Panel members. I will review this in the light of the current recruitment campaign. This was launched on 6 September and seeks to increase the number of male members.

Children

Nicola Sturgeon (Glasgow) (SNP): To ask the Scottish Executive whether it will devise and issue a good practice guide to advise local authorities in their dealings with children with epilepsy.

Mr Sam Galbraith: A short-life Working Group comprising health, education and local authority professionals together with representatives from the Scottish Executive will oversee the publication of a good practice guide on the administration of medicines in schools by teachers. This guide will include a specific section relating to children with epilepsy, providing examples of types of seizures and medication and control measures. The guide is likely to be available for issue in December 1999.

Children

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it intends to review the disqualification of people aged 60 or over from being members of children’s’ panels.

Mr Sam Galbraith: I refer to my answer in response to Mr Bristow Muldoon’s question on the same matter (S1W-1004).

Domestic Violence

Mrs Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive how much public money was allocated in the last financial year to assist agencies tackling the issue of domestic violence or trying to support those affected by it.

Jackie Baillie: In the last financial year, 1998-99, Scottish Women’s Aid was awarded central Government funding totalling almost £370,000. In the same year a start-up grant of £20,000 was awarded to CHANGE (Men Learning to End Violence Against Women).

  In 1998-99 Victim Support Scotland received an ad hoc grant of £30,000 from The Scottish Office to meet the costs of providing a telephone counselling and advice service for those using the freephone helpline facility which was specifically set up to support The Scottish Office domestic abuse advertising campaign.

  In addition, Scottish Homes approved grant funding of £136,324 in 1998-99 on three projects for households that had suffered domestic violence. This grant funding related to the total provision of 20 units (39 bedspaces).

  Information about funding provided by public bodies at a local level to tackle domestic violence is not held centrally.

  The Scottish Executive is concerned about the welfare of all of those who are the victims of domestic violence and looks forward to receiving from the Scottish Partnership on Domestic Violence recommendations which will help formulate policy on how the problem may be addressed.

Education

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what additional cost would be involved in making the provision of school meals universally free in Scotland.

Mr Sam Galbraith: The cost of providing free school meals to the 108,481 pupils in Scotland who took up their entitlement in 1997-98 was £52.3M.

  On that basis, the total cost for all school pupils to receive free meals would be approx £365M, an additional cost of approx £312.7M.

Elderly People

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what action it is taking to deal with the issue of elderly abuse in Scotland.

Iain Gray: The Scottish Executive is determined to ensure that older people in our communities, whether at home or in residential care, are protected at every level. We are contributing to the funding of a UK telephone helpline run by Action on Elderly Abuse which provides confidential support for anyone suffering from abuse. We have set up the National Care Standards Committee to draw up new care standards. We have announced that we will set up an independent Scottish Commission for the Regulation of Care to register and inspect all care homes, day care and home-based care. And we are introducing arrangements to register the social care workforce, including in the first tranche, heads of residential establishments.

Enterprise

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will provide a detailed account of the role, remit and responsibilities of the Building and Land Committee of Enterprise Ayrshire, particularly in relation to the identification, processing, funding and contractual arrangements for initiatives and projects supported by Enterprise Ayrshire or Scottish Enterprise.

Henry McLeish: Local Enterprise Companies are private companies and their internal structure is a matter for them. I have however asked the Chairman of Scottish Enterprise to write to the member and will ensure that a copy of his reply is placed in the Scottish Parliament Information Centre (SPICe).

Enterprise

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will publish the rules governing the appointment of board members of Local Enterprise Companies and specifically whether such appointments are all on an individual basis and, if so, why only council leaders are appointed as local authority nominees.

Henry McLeish: This is an operational matter for Scottish Enterprise and Highlands and Islands Enterprise and I have asked the Chairmen to write to the Member and will arrange for copies of the replies to be placed in the Scottish Parliament Information Centre (SPICe).

Enterprise

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will publish details of which Local Enterprise Companies in Scotland are constituted on the basis of company membership; what rights are bestowed on member companies in such Local Enterprise Companies, and what restrictions are placed on non-member companies in particularly on their rights to speak at Annual General Meetings of the Local Enterprise Companies.

Henry McLeish: This is an operational matter for Scottish Enterprise and Highlands and Islands Enterprise and I have asked the Chairmen to write to the member and I will arrange for a copy of the replies to be placed in the Scottish Parliament Information Centre (SPICe).

Enterprise

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will publish a list of (a) those Local Enterprise Companies whose Articles of Association preclude board members serving more than eight years and (b) board members of these Local Enterprise Companies who have served in excess of eight years.

Henry McLeish: This is an operational matter for Scottish Enterprise and Highlands and Islands Enterprise and I have asked the Chairmen to write to the Member and will arrange for a copy of the replies to be placed in the Scottish Parliament Information Centre (SPICe).

Enterprise

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive how many staff are currently employed by (a) Scottish Enterprise (b) Highlands and Islands Enterprise (c) each Local Enterprise Company and (d) every other body which has a responsibility in relation to enterprise and is wholly publicly funded.

Henry McLeish: The information requested for Scottish Enterprise, Highlands and Islands Enterprise and Local Enterprise Companies is set out in the table below. A large number of bodies have some involvement in enterprise. There is no centralised account of their total staff numbers.

  


SCOTTISH ENTERPRISE 

  


HIGHLANDS 

  AND ISLANDS ENTERPRISE 




Core staff 

  

475 

  

Core staff 

  

152 

  



Enterprise Ayrshire 

  

101 

  

Argyll and the Islands 

  Enterprise 

  

4 (23.1)* 

  



Scottish Borders Enterprise 

  

78 

  

Caithness and Sutherland 

  Enterprise 

  

(22.7)* 

  



Dumfries and Galloway 

  Enterprise 

  

36 

  

Inverness and Nairn Enterprise 

  

18 (7*) 

  



Dunbartonshire Enterprise 

  

70 

  

Lochaber Ltd 

  

2 (11.6)* 

  



Fife Enterprise 

  

71 

  

Orkney Enterprise 

  

3.5(8.4)* 

  



Forth Valley Enterprise 

  

80 

  

Ross and Cromarty Enterprise 

  

8 (16.3)* 

  



Glasgow Development Agency 

  

152 

  

Skye and Lochalsh Enterprise 

  

2 (12.3)* 

  



Grampian Enterprise 

  

48 

  

Shetland Enterprise 

  
 



Lanarkshire Development 

  Agency 

  

136 

  

Western Isles Enterprise 

  

4 (19.9)* 

  



Lothian and Edinburgh 

  Enterprise 

  

125 

  
 
 



Renfrewshire Enterprise 

  

73 

  
 
 



Scottish Enterprise Tayside 

  

81 

  
 
 



Moray, Badenoch and Strathspey 

  

16 

  
 

6 (8.6)* 

  



  * Figures in brackets denote staff directly employed by local enterprise companies rather than seconded from SE or HIE.

  Moray Badenoch and Strathspey Enterprise is jointly funded by SE and HIE and the staff figure is split accordingly.

  Numbers are expressed as full time equivalents.

Enterprise

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will accept the recommendation of the Enterprise and Lifelong Learning Committee that the consultation period on the proposed new strategy for tourism be extended beyond 31 August and, if so, to what date, and how it will promulgate this extension.

Henry McLeish: Yes. I will accept responses up to the end of this month. I issued a News Release announcing my decision on 2 September. This was also published on the Parliament’s web site. My officials have informed the industry organisations in membership of the Scottish Tourism Forum and also Area Tourist Boards, Local Enterprise Companies and local authorities.

Food

Ms Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive further to the answer to question S1W-177 by Susan Deacon on 19 July 1999, what criteria are being applied to the sighting of the Food Standard Agency and when an announcement on the location of the Agency will now be made.

Susan Deacon: The Scottish Executive is committed to ensuring that Government in Scotland is efficient and as far as possible decentralised. The main criteria for deciding the location of the Food Standards Agency Executive in Scotland will be the efficiency and effectiveness of the Agency’s Scottish operation.

  An announcement on location will be made shortly.

Health

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what additional measures are being put in place for accident and emergency cover in Edinburgh’s Hospitals over the millennium, and what additional staff cover will be made available over this period.

Susan Deacon: Lothian Health Board is planning a range of measures for accident and emergency cover in Edinburgh’s Hospitals over the millennium period.

  Medical staffing levels are planned to approximately double between 24 December to 5 January, rising to three times normal staffing levels between 31 December to 1 January.

  Nurse staffing levels are planned to increase by about one third between 24 December to 5 January, rising to three times normal staffing between 31 December to 1 January.

  It is also intended that additional support staff will be on duty, extra facilities will be opened and overflow patient treatment areas will also be available.

Health

Brian Adam (North-East Scotland) (SNP): To ask the Scottish Executive what plans it has to introduce legislation relating to mental health issues other than the proposed Incapable Adults (Scotland) Bill.

Susan Deacon: Scottish Ministers confirmed on 24 August their intention to put a Mental Health Bill before the Scottish Parliament using emergency procedures upon the resumption of Parliament. This Bill addresses issues raised by the case of Noel Ruddle. The Mental Health (Public Safety and Appeals) (Scotland) Bill was passed by the Scottish Parliament on 8 September.

  The Mental Health (Amendment) (Scotland) Bill was introduced in the House of Commons in Westminster on 13th January 1999 by Eric Clarke MP. That Bill would amend s94 of the Mental Health (Scotland) Act 1984.

  The Executive intends to bring forward legislation to reform mental health law, once the reports of the committee chaired by Lord MacLean into serious violent and sexual offenders and the committee chaired by the Right Honourable Bruce Millan have been considered. Lord MacLean’s report is expected by early next year and that of the Millan committee by summer 2000.

Health

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive whether it will make representations to Her Majesty’s Government requesting that internet websites which encourage suicide be prohibited, given the increased incidence of suicide among young people in Scotland in recent years.

Susan Deacon: We have no plans to do so. A wide range of social, cultural, psychological, economic and other factors contribute to suicide rates, including accessibility to the means of suicide. The regulation of internet services is a reserved matter.

Health

Mr Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive what measures it is taking to find the source of or reason for the toxic algic bloom on the West of Scotland which is causing amnesic shellfish poisoning.

Susan Deacon: Marine biotoxins occur worldwide and the international scientific community are researching the causes of these blooms and toxins. The Marine Laboratory, Aberdeen is at the leading edge of this research.

  Research is currently being funded by the Scottish Executive into various aspects of toxic marine algae and related topics. The current priorities for the Marine Laboratory’s biotoxin research are to investigate the mechanisms of algal toxin production and control, establish trends of the occurrence of the toxins and algae in Scottish waters, assess the possibility of harmful organisms being transferred in ship ballast water as well as refining the techniques for detection of the toxins.

Health

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive , further to the answer to question S1W-754 by Susan Deacon on 17 August, what is the operational status and operational history of the MRI scanners located at Ninewells Hospital in Dundee.

Susan Deacon: There are currently 2 MRI scanners at Ninewells Hospital. As part of the initiative to reduce waiting lists, I understand both MRI scanners operated five days per week between January and March 1999. This was made possible mainly by existing radiology staff working additional sessions. However, staff could not sustain that level of activity beyond the short term and between April and June one MRI scanner operated for five days supplemented by two evening sessions. The evening sessions were suspended in July to enable the leave needs of staff to be taken into account but these will resume this month.

  In the meantime, the Trust is seeking to recruit the additional specialist team of staff necessary to increase MRI scanning activity. Depending on the availability of suitably trained and experienced staff, the Trust expects to have the second MRI scanner operational three days each week by January 2000. Thereafter, the intention is to increase the service further until both scanners are operational five days per week.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what is the average cost per patient per week to keep a patient in an NHS hospital bed when they are medically fit for discharge and how this compares with the average cost of a social work funded place in a nursing/residential home.

Susan Deacon: The cost per patient week for those awaiting discharge from NHS care varies by specialty, to a range of £700 to £1000.

  The cost per resident week of a social work funded place in a nursing/residential home varies by client group, type of home and area in the range of £220 to £360.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what funding has been allocated by Health Boards to primary care and acute NHS Trusts to relieve bed blocking in 1997-98, 1998-99 and 1999-2000.

Susan Deacon: The information requested can not be identified separately. A wide range of expenditure and action by Health Boards and NHS Trusts contributes to relieving bed blocking. This includes effective discharge planning, improving rehabilitation services and other developments falling to the NHS acting alone or working together with local authorities and other partners. This is reflected in each Health Board’s Health Improvement Programme and in Trust Implementation Plans.

Health

Ms Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether the fee for glaucoma tests provided for by the National Health Service is intended to include all three tests for glaucoma (namely opthalmoscopy, perimetry and tonometry) and if so, what steps it will take to encourage opticians who do not provide all three tests to do so.

Susan Deacon: NHS sight tests are available to diagnosed glaucoma sufferers, those who have been advised by an ophthalmologist that they are predisposed to the development of glaucoma and those aged 40 or over who are the parent, brother, sister or child of a diagnosed glaucoma sufferer. The fee for an NHS sight test covers the testing of sight to determine whether the patient needs to wear or use an optical appliance and also, for the purpose of detecting signs of injury, disease or abnormality in the eye or elsewhere:

  a) an examination of the external surface of the eye and its immediate vicinity;

  b) an intra-ocular examination, either by means of an ophthalmascope or by such other means as the ophthalmic medical practitioner or optician considers appropriate;

  c) such additional examinations as appear to the ophthalmic medical practitioner or optician to be clinically necessary.

  The Scottish Executive has no evidence to suggest that optometrists and ophthalmic medical practitioners are not undertaking the appropriate examinations.

Health

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive what the current occupancy rate for Stracathro Hospital is broken down by ward, and whether it will indicate the time and date these figures were gathered and the time period to which they apply.

Susan Deacon: Bed occupancy figures are collected on a daily basis at midnight. Details of the ward occupancy levels at Stracathro Hospital are as follows:

  


 


Average 

  Percentage Occupancy 




Ward 

  

Bed Complement 

  

Quarter 

  Ending 30/9/98 

  

Quarter 

  Ending 31/12/98 

  



2 

  

25 

  

67.8 

  

71.7 

  



3 

  

25 

  

75.0 

  

76.1 

  



4 

  

12 

  

43.3 

  

55.4 

  



6 

  

22 

  

69.2 

  

80.5 

  



7 

  

22 

  

65.0 

  

70.8 

  



8 

  

20 

  

57.2 

  

64.7 

  



10 

  

30 

  

34.5 

  

28.4 

  



13 

  

19 

  

69.6 

  

66.4 

  



15 

  

22 

  

57.0 

  

63.9 

  



CCU 

  

4 

  

52.7 

  

48.6 

  



TOTAL 

  

201 

  

59.8 

  

64.2 

  



  


 


Average 

  Percentage Occupancy 




Ward 

  

Bed Complement 

  

Quarter 

  Ending 31/3/99 

  

Quarter 

  Ending 30/6/99 

  

Month 

  Ending
31/7/99 

  

Month 

  Ending
31/8/99 

  



2 

  

25 

  

74.4 

  

73.9 

  

65.5 

  

58.3 

  



3 

  

25 

  

85.1 

  

75.8 

  

66.8 

  

75.4 

  



4 

  

12 

  

46.7 

  

44.7 

  

34.4 

  

42.7 

  



6 

  

22 

  

83.3 

  

78.0 

  

75.5 

  

67.7 

  



7 

  

22 

  

83.8 

  

78.4 

  

63.0 

  

65.2 

  



8 

  

20 

  

83.8 

  

71.4 

  

41.0 

  

49.2 

  



10 

  

30 

  

65.3 

  

63.4 

  

50.1 

  

59.4 

  



13 

  

- 

  

- 

  

- 

  

- 

  

- 

  



15 

  

22 

  

61.1 

  

59.0 

  

48.4 

  

53.8 

  



CCU 

  

4 

  

53.6 

  

49.7 

  

51.6 

  

46.8 

  



TOTAL 

  

182 

  

74.7 

  

68.9 

  

49.7 

  

52.7 

  



  Note – Ward 13 patients transferred to Ward 10

Health

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive what the capital and revenue budgets are for the next three years of Tayside University Hospitals NHS Trust.

Susan Deacon: The Table presents the capital and revenue budgets of Tayside University Hospitals NHS Trust for 1999/2000.

  Final revenue and capital budgets for later years are not yet agreed.

   1999-2000 £000  Revenue   199,500 Capital   10,919

Health

Mr David Davidson (North-East Scotland) (Con): To ask the Scottish Executive what arrangements it has put in place to allow the Scottish Ambulance Service to cope with the Millennium celebrations in Scotland.

Susan Deacon: The Scottish Ambulance Service, in line with other parts of the NHS in Scotland, is geared up to deal with major incidents and provide emergency care 365 days a year. This winter will be no different. It is recognised, however, that the extended Millennium holiday will pose particular challenges requiring special preparation and planning arrangements.

  As part of this process the Scottish Ambulance Service is working with police, fire and local authorities to ensure that all major, planned local celebratory events are identified and that adequate first aid arrangements are made by the organisers. Consideration is also being given to the need for establishing emergency care centres at major celebration venues. Furthermore, in preparing its staffing plans for this period, the Scottish Ambulance Service has been mindful of the potential demands which millennium street parties and other events, whether licensed and approved or not, might place on the Service’s resources.

  In terms of the preparedness of the NHS in Scotland as a whole, we have established a Year 2000 National Co-ordinating Group to ensure that there is no material disruption to the delivery of health services over the Millennium period. Each health service body, including the Scottish Ambulance Service, has an executive director responsible for our Year 2000 action programme at local level and the Chief Officers and Boards of these bodies, who are briefed on progress regularly at public meetings, have this programme as a high priority.

Health

Miss Annabel Goldie (West of Scotland) (Con): To ask the Scottish Executive whether it considers that hospices across Scotland are funded on a consistent basis and, if not, why not.

Susan Deacon: Under the arrangements set out in the NHSiS Management Executive Letter MEL(1994)104, which is still in force, Health Boards have been asked to fund around 50% of agreed running costs of the adult voluntary hospices. The MEL recognised that the exact level would vary according to local circumstances and each Health Board’s palliative care strategy. The Scottish Executive Health Department monitors the Health Boards’ contribution through information gathered by the Scottish Partnership Agency for Palliative and Cancer Care and the Scottish Voluntary Hospices Forum.

Homelessness

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive whether it considers that the benefits to Aberdeen City Council’s financial position of closing the Victoria House hostel for homeless people outweigh the negative impact which the closure will have on the council’s ability to fulfil its centrally funded rough sleepers initiative project.

Jackie Baillie: Scottish Ministers attach a high priority to tackling homelessness in general and rough sleeping in particular. The discharge of its homelessness responsibilities is however an operational decision for each local authority. I understand from the council that this closure will not occur until suitable alternative services are in place.

Homelessness

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive how the proposed closure of the Victoria House hostel for homeless people will impact on its stated aim to end the need for rough sleeping by 2002.

Jackie Baillie: There should not be any adverse impact, since I understand from Aberdeen council that this closure will not occur until suitable alternative services are in place.

Housing

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive why the Rent Rebate Subsidy as a proportion of standard rental income derived from Scottish local authority houses is projected to rise this year to 59.6%.

Ms Wendy Alexander: This reflects the fact that a high proportion of economically active tenants leave the local authority housing sector either by exercising the Right to Buy their council house or by moving to private sector housing. This means that a higher proportion of remaining local authority tenants are likely to be in receipt of housing benefit.

Housing

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive what plans it has to ensure that Scottish local authorities reduce the amount of rents lost as a result of un-let houses from the current figure of £30,613,995.

Ms Wendy Alexander: The collection of council house rents is a matter for individual local authorities. As part of their response to the Best Value initiative a number of councils are undertaking or plan to undertake a detailed service review of their rent collection and housing allocation policies and procedures. The Accounts Commission will also continue to monitor performance and publish performance information annually on the level of council house rent lost due to voids.

Immigration

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what discussions it has had with Her Majesty’s Government as to the effects on Scotland of the Immigration and Asylum Bill.

Susan Deacon: The Scottish Executive is in regular contact with the UK Government about the effects for Scotland of the Immigration and Asylum Bill.

Immigration

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what action it intends to take on the parts of the Immigration and Asylum Bill which amend domestic Scottish legislation in fields not reserved to Westminster.

Susan Deacon: The Scottish Executive is in regular discussion with the UK Government on the Bill, including those parts which amend domestic Scottish Legislation.

Justice

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive what assistance it will give to former World War Two prisoners of war residing in Scotland and claiming compensation from Her Majesty’s Government for suffering endured whilst captives of the Japanese.

Mr Jim Wallace: These are matters reserved to the UK Government. They are included in the Scottish Government’s continuing liaison with the UK Government on all relevant matters.

Justice

Mr Keith Harding (Mid Scotland and Fife) (Con): To ask the Scottish Executive when it plans to publish the outcome of the 1998 consultation document "Access to Justice: Beyond the year 2000".

Mr Jim Wallace: We are considering the outcome of this consultation in the context of our consideration of the civil justice system generally. This is a complex area and we shall make an announcement as soon as our deliberations are completed.

Justice

Dorothy-Grace Elder (Glasgow) (SNP): To ask the Scottish Executive whether it will implement measures to amend the time bar rule in the prosecution system to ensure that cases still proceed in instances where human error of any professional involved means that a case is not brought within the time bar limit.

Mr Jim Wallace: No. Strict time limits are an important feature of the Scottish criminal justice system, and all concerned are well aware of the need to comply with them.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive when the "appointed day" in terms of clause 1 of the Scottish Law Commission’s draft Bill on the abolition of the feudal tenure will be.

Mr Jim Wallace: The "appointed day", which will be the actual date of abolition of the feudal system, will be fixed by a commencement order made by a Scottish Minister. No decision has yet been taken on the actual date.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will require former superiors, who so wish, to claim compensation from former vassals within a shorter period than the two years proposed by the Scottish Law Commission and, if so, how long this period will be.

Mr Jim Wallace: The period of 2 years was recommended by the Scottish Law Commission to allow superiors enough time to make the necessary arrangements to serve notices requiring compensation for feuduties which have not yet been redeemed. It is clear that an adequate period of preparation must be allowed.

Justice

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive , further to the answer to question S1W-552 by Lord Hardie on 11 August, what timescale has been set for the examination of the interpretation and translation services within the criminal justice system.

Lord Hardie: The commitment to examine the provision of interpreting and translating services in the criminal justice system featured in The Stephen Lawrence Inquiry – An Action Plan for Scotland . It will be for the Deputy First Minister’s Steering Group on the Stephen Lawrence Inquiry to decide an appropriate programme of work and to set achievable target dates. His Group will also take into account responses to the consultation on the action plan.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive how many individual cases since the setting up of the Scottish Legal Aid Board involving (a) refusals of grants of civil legal aid, (b) refusals of increases in advice and assistance and (c) refusals of grants of criminal legal aid have been subject to representations by Members of Parliament requesting that the original decision be reviewed and, of these cases, how many original decisions in each category were overturned as a result of such representations.

Mr Jim Wallace: Between its inception on 1 April 1987 and 31 March 1999, the Scottish Legal Aid Board has dealt with just over 310,000 applications for civil legal aid of which just over 60,000 were refused following a review of the decision; over 1 million applications for an increase in authorised expenditure under Advice and Assistance, of which approximately 110,000 were refused; and over 800,000 applications for summary criminal legal aid (including appeals) of which around 79,000 were refused following a request for a review of the decision. Solemn criminal legal aid is determined by the courts and central records of applications refused are not maintained.

  Records are not held on the number of representations by Members of Parliament who request that the Board’s decision be reviewed. This is because the Board will only consider a formal legal application for a review or reconsideration of a decision if it comes from the applicant or their solicitor.

Nursing Homes

Margaret Jamieson (Kilmarnock and Loudoun) (Lab): To ask the Scottish Executive what plans it has to create a one stop registration for nursing homes and residential establishments.

Iain Gray: Following on from the White Paper Aiming for Excellence: Modernising Social Work Services in Scotland , we intend to legislate to set up an independent body, the Scottish Commission for the Regulation of Care, to register and inspect all residential and nursing homes, as well as a range of other care provision.

  Registration and inspection functions, currently undertaken by local authorities for private and voluntary sector residential homes and by health boards for nursing homes, will therefore pass to the new body. In addition, the new body will register and inspect local authorities’ own provision. The Commission will both assist to raise actual standards of care and address consistency of service quality across Scotland.

  We are about to consult on the detail of these proposals, which have been well received in principle. This consultation will include a seminar for over 70 interest group representatives on 24 September 1999, and a consultation paper to be issued later this year. There will then be further consultation on a draft Bill. I hope that we will be able to include the Bill in our legislative programme for the second session. Subject to successful completion of Parliamentary stages it is our aim to have the new Commission operational by 1 April 2001.

Planning

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive what proposals it intends to bring forward to revise planning procedures and guidance issued to local authorities relating to the siting and erection of telecommunication masts.

Sarah Boyack: The erection of telecommunications masts require planning permission except where they qualify for permitted development rights under Class 67 of the Town and Country Planning) (General Permitted Development) (Scotland) Order 1992.

  In December 1998, the then Scottish Office Planning Minister, Calum MacDonald MP, announced a number of measures on telecommunications, which included increasing the degree of control over telecommunications development permitted by the aforementioned Order. Those measures included:

  prior approval procedures for the siting and appearance of telecommunications masts;

  increased controls over telecommunications development in Sites of Special Scientific Interest;

  clarification that planning permission is required to extend the height of an existing mast beyond 15 metres;

  good practice guidance for operators and planning authorities; and

  advice on the use of planning agreements to encourage mast sharing.

  The Scottish Executive hopes to bring forward legislation implementing these proposals in due course.

Police

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive whether it considers it appropriate that under the new complaints procedure regulations, a police board can find a complaint to be ‘unfounded’ without any requirement for investigation.

Mr Jim Wallace: A police authority must satisfy itself that it has sufficient information before deciding that there is no case for an officer to answer. The Police Authority would carry out a preliminary investigation which could mean obtaining further information from the complainer, the procurator fiscal, the police force or the officer involved.

Police

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive how rising crime will be managed following the reported shortfall in the number of police officers employed in Scotland.

Mr Jim Wallace: The recruitment and deployment of police officers is a matter for chief constables to control from within their GAE provision. For the current year police authorities and joint police boards have set budgets totalling £711.9m, which represents an increase of 4% over last year’s figure. This should be sufficient to allow police numbers to be maintained at adequate levels.

  An effective and well resourced police service is only part of the answer to tackling crime. As Partnership for Scotland made clear, we are committed to taking action against crime on a broad front, through crime prevention to wider social policies.

Police

Mr Nick Johnston (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many police officers below the rank on Inspector retired in each of the last four years, how many of these had completed thirty years or more service and how many retired on grounds of ill health.

Mr Jim Wallace: The information is shown in the table.

  Retirals Below the Rank of Inspector

  

 

1995-96 

  

1996-97 

  

1997-98 

  

1998-99 

  



Total Retirements 

  

426 

  

377 

  

364 

  

356 

  



30 Years or More Service 

  

154 

  

134 

  

146 

  

126 

  



Ill-Health Retirements 

  

216 

  

181 

  

163 

  

165

Scottish Executive

Dennis Canavan (Falkirk West): To ask the Scottish Executive whether it will inform MSPs in advance of official Ministerial visits to their constituencies.

Donald Dewar: I refer the member to the answer I gave to Hugh Henry, on 8 September to question S1W-1110.

Scottish Parliamentary Commissioner for Administration

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether it was consulted about the appointment of the Scottish Parliamentary Commissioner for Administration.

Mr Jack McConnell: The Scottish Executive was informed of the appointment by the Secretary of State for Scotland. The appointment was made under transitional arrangements made by the then Scottish Office Ministers, so as to ensure that appropriate arrangements were in place to investigate complaints of maladministration from 1 July when the Scottish Parliament and Scottish Executive took up their powers.

Scottish Parliamentary Commissioner for Administration

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what the terms of appointment of the Scottish Parliamentary Commissioner for Administration are, who he is employed by, what the cost of his office is, whether this cost is met from the Scottish block and whether he is based in his Edinburgh or London office.

Mr Jack McConnell: The Scottish Parliamentary Commissioner for Administration is appointed by Her Majesty under article 4 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Complaints of Maladministration) Order 1999 (S.I. 1999/1351). He holds office under Her Majesty and exercises his functions on behalf of the Crown.

  The Scottish Parliament has power to determine the salary and allowances in respect of expenses for the Commissioner but, as the present Commissioner also holds office as Parliamentary Commissioner for Administration, he is not entitled to any salary in his capacity as Scottish Parliamentary Commissioner for Administration. The Scottish Parliamentary Corporate Body (SPCB) may determine the other terms and conditions of the appointment.

  The costs of the Scottish Commissioner’s office in Edinburgh will be paid by the SPCB. The appropriate amounts are a matter for the SPCB to settle with the Office of the Parliamentary Commissioner for Administration.

  The Commissioner himself continues to be based in his London office but complaints against the Scottish Executive and other Scottish public authorities will be dealt with by staff based in his Edinburgh office.

Scottish Parliamentary Commissioner for Administration

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what progress is being made towards the appointment of a permanent Scottish Parliamentary Commissioner for Administration and how this appointment will be made.

Jack McConnell: Under section 91 of the Scotland Act 1998, an Act of the Scottish Parliament will be required to put in place the permanent arrangements for investigating complaints of maladministration. This will be preceded by a wide-ranging consultation process. My officials have begun initial research work and to identify issues which might need to be addressed.

  It will be for the Parliament to decide in due course what provision such an Act should make for the appointment of a permanent Commissioner.

Secretary of State for Scotland and Scotland Office

Mr Keith Raffan (Mid Scotland and Fife) (LD): To ask the Scottish Executive what official meetings have taken place between the First Minister and the Secretary of State for Scotland and between the Minister for Finance and the Secretary of State for Scotland to discuss the expected cost to the Scottish Consolidated Fund of establishing and running the Scotland Office.

Mr Keith Raffan (Mid Scotland and Fife) (LD): To ask the Scottish Executive to specify the expected total cost to the Scottish Consolidated Fund of the Scotland Office in the current financial year and each of the next three financial years.

Donald Dewar: I refer the Member to the answer I gave to his earlier question (S1W-679).

Transport

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-805 by Sarah Boyack on 23 August 1999, whether it will confirm that the concessionary travel scheme will cover disabled people as well as blind people.

Sarah Boyack: The concessionary travel scheme concerned relates to travel by blind people only.

Transport

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-616 by Jack McConnell on 3 August, how many miles of upgraded motorways, A class roads and B class roads will be constructed on the basis of planned expenditure in the years 1999-2000, 2000-01 and 2001-02.

Sarah Boyack: The Scottish Executive is responsible only for expenditure on motorways and trunk roads. Other A Class roads and B Class roads are the responsibility of Councils and comprehensive information is not available on their construction proposals.

  The planned expenditure set out in the response to question S1W-616 by Jack McConnell is expected to result in 40.8km (25.35 miles) of new road being opened in 1999-2000. Decisions on the use of the motorways and trunk roads budget for the two subsequent years have still to be taken.

Transport

Mr David Davidson (North-East Scotland) (Con): To ask the Scottish Executive whether it intends to conduct a road safety audit of the Aberdeen-Peterhead road in the coming year with respect to the lack of safe passing places and if it will provide details of the accident record over the last 5 years of the section known locally as the Hatton Bends.

Sarah Boyack: There are no plans to conduct a review of overtaking opportunities on the Aberdeen to Peterhead road in the coming year, as the Scottish Executive already has sufficient data for present purposes.

  Between 1991 and 1996 there were 2 fatal, 1 serious and 6 slight injury accidents at the location known as Hatton Bends. Following the installation of remedial measures in 1996 there have been no recorded injury accidents.